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HomeMy WebLinkAbout969717r W Z CD Q Q co a w z z w 0 0 0 m COSPkg 172411 CERTIFICATE OF SALE STATE OF WYOMING L 0 r )SS 11J co o x COUNTY OF LINCOLN 00762 m° m u O 0 M. Shane Johnson of lawful age, being first duly sworn c a upon his oath, states and certifies as follows: m Zr x 1. That he is the duly elected and acting Sheriff in and for Lincoln County, State of Wyoming, and makes this Certificate of Sale in his capacity as such. 2. That a default has occurred under the terms of (a) that certain promissory note dated November 11, 2005, executed and delivered by Casey A. Nielson and Beth Nielson to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., its successors and assigns and (b) that certain mortgage dated November 11, 2005 (the "Mortgage securing said note, which Mortgage was executed and delivered by said mortgagor(s), to said mortgagee, and was recorded on December 30, 2005, at Reception No. 914882 in Book 608 at Page 569 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, and which Mortgage covers that certain real property described below, as follows, to -wit: LOT 15 OF CMR SUBDIVISION, LINCOLN COUNTY, WYOMING AS DESCRIBED ON THE OFFICIAL PLAT THEREOF with an address of 218 CMR Ln, Etna, WY 83118 -9710 Together with all improvements thereon situate and all fixtures and appurtenances thereto. The mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: December 31, 2012 Assignment recorded: January 10, 2013 Assignment recording information: at Reception No. 968983 in Book 802 at Page 533 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming. 3. That no suit or proceeding has been instituted at law to recover the debt secured by the Mortgage, or any part thereof. 4. That the power of sale contained in the Mortgage having been made operative by reason of such default, Federal National Mortgage Association "Mortgagee elected to foreclose the same and at the request and direction of Mortgagee a written notice of the intention to foreclose the Mortgage was served upon the record owner and the party in possession of said real property at least ten (10) days prior to commencement of the first publication of the foreclosure sale notice, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof. 5. That Mortgagee has caused publication to be made of a notice of foreclosure sale in the Kemmerer Gazette, a newspaper published and having general circulation in Lincoln County, State of Wyoming, once a week for four (4) consecutive weeks, commencing with the January 31, 2013 issue of said Certificate of Sale Nielson 12 -13973 Page 1 of 7 00763 newspaper and ending with the February 21, 2013 issue thereof; that said notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, as shown by the affidavit attached hereto as Exhibit A and by this reference made a part hereof, and that said notice as mailed and published, did comply in all respects with the requirements of the statutes relating to foreclosures of mortgages by advertisement and sale; and that a copy of said notice and the publisher's affidavit of publication thereof are attached hereto as Exhibit B and by this reference made a part hereof. 6. That on the date, and at the time and place specified in said notice of foreclosure sale, to -wit: On February 26, 2013 at 10:00 o'clock in the forenoon, at the front door of the Lincoln County Courthouse in the City of Kemmerer, Lincoln County, State of Wyoming, the undersigned proceeded to sell the above described real property at public auction in accordance with the notice of foreclosure sale by then and there calling for bids on said real property; and that the highest and best sum bid for said real property was the sum of $158,137.94 "Bid Sum which was bid and offered by Federal National Mortgage Association "Successful Bidder and that after soliciting and calling for other and higher bids therefore, and receiving none from those attending upon the sale, said real property was struck off and sold by the undersigned to the Successful Bidder for the Bid Sum; and that the Bid Sum was thereupon paid and the sale of said real property was then and there completed as by law provided. 7. That the sum of $1,971.00 is to be paid to The Castle Law Group, LLC, the attorneys for Mortgagee, as compensation for services actually rendered in the foreclosure proceeding, said attorneys having made an affidavit as required by the statutes of the State of Wyoming, a copy of said affidavit being attached hereto as Exhibit C, and by this reference made a part hereof. 8. That the sale of the above described real property was made in full compliance with the provisions of the Mortgage thereby foreclosed and was in all respects conducted in conformity with the requirements of the Wyoming Statutes. COSPkg Remainder of page intentionally left blank Certificate of Sale Nielson 12 -13973 Page 2 of 7 9. That said Successful Bidder shall be entitled to a deed to the above described real property, together with all improvements thereon situate and all fixtures and appurtenances thereto, at and upon expiration of three (3) months and thirty (30) days from and after February 26, 2013, the date of the sale, unless the property shall have been redeemed as provided by law prior to that time. DATED at Kemmerer, Lincoln County, State of Wyoming, this 26 thday of February 2013. STATE OF COUNTY OF WYOMING LINCOLN The foregoing acknowledged before me Deputy Sheriff of Lincoln February 2013. My Commission Expires: COSPkg By: Print N Title: ACKNOWLEDGMENT SS WHITNEY HYSELL NOTARY PUBLIC County of �ti State of Lincoln �i!, ia Wyoming My Commission Expires M. Shane Johnson Witness my hand and official sea. Notary Public Sheriff in and for Lincoln County, State of Wyoming Deputy Sheriff instrument a.s s ubscribed h in my presence and John by County, State of Wyoming, this 26t day of Or Certificate of Sale Nielson 12 -13973 Page 3 of 7 00 STATE OF WYOMING COUNTY OF NATRONA AFFIDAVIT OF SERVICE OF WRITTEN NOTICE OF INTENT TO FORECLOSE MORTGAGE Patricia Anne Michitsch of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is an attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of The Castle Law Group, LLC, who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage dated November 11, 2005 (the "Mortgage and recorded on December 30, 2005, at Reception No. 914882 in Book 608 at Page 569 in the records of the office of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, State of Wyoming, wherein Casey A. Nielson and Beth Nielson "Mortgagor(s) the named mortgagor(s), and Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., its successors and assigns is the named mortgagee, which Mortgage was assigned for value as follows: Assignee: Federal National Mortgage Association Assignment dated: December 31, 2012 Assignment recorded: January 10, 2013 Assignment recording information: at Reception No. 968983 in Book 802 at Page 533 All in the records of the County Clerk and ex- officio Register of Deeds in and for Lincoln County, Wyoming; by advertisement and sale as provided under the provisions of Wyo. Stat. 34 -4 -101, et seq. (2003). The Mortgage was foreclosed by reason of default having occurred under the terms of the note secured thereby. 2. That written notice of intent to foreclose the Mortgage by advertisement and sale has been served upon the record owner and the person in possession by certified mail, return receipt requested, mailed to the last known address of the record owner and the person in possession at least ten (10) days before commencement of the first publication of the notice of the foreclosure sale as follows, and that a copy of the published Foreclosure Sale Notice was mailed, certified mail, return receipt requested, to all parties as required by Wyoming statutes, before the notice was published, as follows: CERTIFIED MAIL NO. NOI: 71969009843000652379 CERTIFIED MAIL NO. FSN: 71969009843000655387 Federal National Mortgage Association PO Box 8517 Portland, OR 97207* CERTIFIED MAIL NO. NOI: 71969009843000652386 CERTIFIED MAIL NO. FSN: 71969009843000655394 CURRENT RESIDENT 218CMRLn Etna, WY 83118 -9710 CERTIFIED MAIL NO. NOI: 71969009843000652393 CERTIFIED MAIL NO. FSN: 71969009843000655400 Casey A Nielson 218 CMR Ln Etna, WY 83118 -9710 COSPkg EXHIBIT A SS 00765 Certificate of Sale Nielson 12 -13973 Page 4 of 7 CERTIFIED MAIL NO. NOI: 71969009843000652409 CERTIFIED MAIL NO. FSN: 71969009843000655417 Casey A Nielson PO Box 5198 Etna, WY 83118 -0198 CERTIFIED MAIL NO. NOI: 71969009843000652416 CERTIFIED MAIL NO. FSN: 71969009843000655431 Casey A Nielson 3150 S. Nellis Blvd Apt 1140 Las Vegas, NV 89121 CERTIFIED MAIL NO. NOI: 71969009843000652423 CERTIFIED MAIL NO. FSN: 71969009843000655448 Beth Nielson 218CMRLn Etna, WY 83118 -9710 CERTIFIED MAIL NO. NOI: 71969009843000652430 CERTIFIED MAIL NO. FSN: 71969009843000655455 Beth Nielson PO Box 5198 Etna, WY 83118 -0198 CERTIFIED MAIL NO. NOI: 71969009843000652447 CERTIFIED MAIL NO. FSN: 71969009843000655462 Beth Nielson 3150 S. Nellis Blvd Apt 1140 Las Vegas, NV 89121 3. That the date of mailing of the notice of intent to foreclose the Mortgage was January 14, 2013 and the date of the first publication of the notice of foreclosure sale was January 31, 2013. State of Wyoming County of Natrona /s day of The Castle Law Group, LL NO ,RY PIJ L.IC KELLEY L DRELICHARZ STATE OF WYOMING COUNTY OF NATRONA Commission 1 x rz Jan 19, 2015 My commission expires: COSPkg FURTHER AFFIANT SAYETH NAUGHT. I /7? A-6 AF C e.' ,i .4%: ,y: Patricia Anne ichitsch The Castle Law roup, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 his instrument was acknowledged before me on 2013 by Patri Anne Mi laitsch as attorney of Certificate of Sale Nielson 12 -13973 Page 5 of 7 00766 of's KEMMERER GAZETTE AFFIDAVIT OF PUBLICATION Kemmerer Gazette Kemmerer, Wyoming croe n s a n t es a state apt'^ ie16n d l e tt`atio�n Systems Inc., as its succes and assigns; atd Mui t .0 .WO r corded 8 2 B6ok 08 Pag 9 ea die officio egister of ion n ands',, orty ueas.,folt tion1�To'9Et$ $31.n Book officio.Registei the fi r s t pub cation et costs in the amount craing interest o d o t I ®tipe o s.e' nu \;)t;1 COSPkg oo {e 'g vhic i r ea s on ebecome operative, and no to r e co ver the de bt secured ysuc t est (3 ge e 00 EXHIBIT B PUBLISHER'S AFFIDAVIT KEMMERER, WYOMING STATE OF WYOMING )ss. COUNTY OF LINCOLN ROSEMARY CAPELLEN NOTARY PUBLIC COUNTY OF t STATE OF LINCOLN P WYOMING MY COMMISSION EXPIRES 5/5/16 el J by Mich ael =nsen re I, Michael Jensen, do hereby, upon my oath, depose and say that I am the Publisher of the KEMMERER GAZETTE NEWSPAPER, a once weekly newspaper published in the City of Kemmerer, County of Lincoln, in the State of Wyoming, and that said newspaper has a general circulation in said County and State; and that the legal notice herein attached was published in said newspaper for the full period of ^t consecutive issues /weeks; the first publication being on the ;.Z.>1. ;.Z.>1. day of 20 and the last publicatio being on the 21 day of ♦r 1 20 (3 and that said advertiseme appeared in each and every number of said newspaper during the period of publication as above stated. (Signed) Mich nsen, Publisher Subscribed in my presence and sworn to before me on this t .21 day of L,V (At A.D., 20 13 Publis e Notary Sign Certificate of Sale Nielson 12 -13973 Page 6 of 7 00767 STATE OF WYOMING COUNTY OF NATRONA Patricia Anne Michitsch, of lawful age, being first duly sworn upon her oath, deposes and says: 1. That she is a resident attorney admitted generally to practice law in the State of Wyoming and is a member of the law firm of The Castle Law Group, LLC who are the attorneys representing the Mortgagee in a procedure to foreclose a certain real estate mortgage. 2. That The Castle Law Group, LLC, as attorneys for the Mortgagee, will charge the Mortgagee fees totaling $1,971.00 as compensation for services actually rendered in the foreclosure proceeding. Attorney Fees (Foreclosure) Title Commitment Statutory Notice Fee PUB COST FSN 1 -31 -13 Sale Attendance Fee Sheriffs Fee Sale Sheriff's Fee Deed Record Cert. of Sale Record Sheriff's Deed Title Update Total $1,971.00 3. That the above mentioned fee for services rendered and incurred in connection with the foreclosure sale shall be retained entirely by the law firm of The Castle Law Group, LLC. There is no agreement, express or implied, between such attorneys and their client, nor between such attorneys and any other person not a practicing attorney of the State of Wyoming engaged with them as an attorney in this foreclosure proceeding, for any sharing or division of said fee to be added to the debt involved, and said fee when so added to the debt involved shall be only as compensation for services actually rendered in the foreclosure proceeding by an attorney admitted to practice in the State of Wyoming and residing therein. FURTHER A RANT SAATH NAUGHT. By: Patricia nne Michifsch The Castle aw Group, LLC 330 So. Walsh Drive, Ste. 202 Casper, WY 82609 -0000 3073335379 State of Wyoming County of Natrona This instrument was acknowledged before me on �C day of V e.: i A. t 2013 by Patricia Anne Michitsch as attorney of The Castle Law Group, LLC. NOTARY PUBLIC JESSICA DUTY STATE Or WYOMING COUNTY OF NATRONA Commission t:x• fifes Ju 19, 2014 My commission expires: COSPkg EXHIBIT C AFFIDAVIT OF ATTORNEY SS ato Title (and Rank; `4 1 600.00 691.00 92.00 456.00 50.00 10.00 10.00 26.00 11.00 25.00 Certificate of Sale Nielson 12 -13973 Page 7 of 7 00768